Ultimate Fate of Arizona Rancher’s Murder Case Now in Judge’s Hands

Santa Cruz County Superior Court Judge Thomas Fink will decide whether to dismiss the case without the opportunity for a new trial.

NOGALES, Ariz.—Despite a hopelessly deadlocked jury and a judge declaring a mistrial in April, the high-profile murder case of Arizona border rancher George Alan Kelly, 75, isn’t over yet.

On June 3, Santa Cruz County Superior Court Judge Thomas Fink heard opposing motions to dismiss the case—with or without prejudice—and took the matter under advisement before issuing a written decision.

If the judge rules in favor of the defense’s motion to dismiss the case with prejudice, the prosecution will not be able to retry Mr. Kelly at a later date, even with new evidence and witnesses.

Chief prosecutor Kimberly Hunley argued that the case merited dismissal without prejudice in the “interests of justice.”

“There was a mistrial in this case. The state is entitled to a retrial,” Ms. Hunley said. “The state has decided at this time it’s not appropriate to retry the case based on a number of factors unique to this case.

Read Full Article Here…(theepochtimes.com)

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